A13 - Sole Source Justification_Redacted.pdf

JUSTIFICATION FOR SOLE SOURCE PROCUREMENT (OPEN

MARKET OR GSA) UNDER $250,000

Sole source acquisitions may be used on a limited basis and only when the Contracting Officer’s Representative (COR)/Program Official has provided sufficient justification and the Contracting Officer has determined that the circumstances warrant such action. The content for a justification must contain detailed facts and rationale to justify the sole source acquisition. Soliciting from a single source must be done in accordance with FAR 13.106-1(b) or 8.405-6. At a minimum, the following information must be included:

Identification of Program Office, Contracting Activity, and Proposed Requirement, Justification and Program Office Certification:

A. Program Office:

NCEZID/DGMH/SBHMB

Centers for Disease Control and Prevention Atlanta, GA

B. Contracting Activity:

Centers for Disease Control and Prevention Office of Financial Resources Acquisition Branch 1

C. Identification of Requirement:

1. Nature of Action to be Approved by Contracting Officer:

a. Sole source acquisition of: Shared space/services with County of San Diego (Public Health Department) to house DGMH/SBHMB/USMU staff and operations in San Diego

b. Procurement Request (PR) Number (if available): 0000HCRC-2025-93391

2. Proposed Vendor and Estimated Procurement Amount (if available):

a. Proposed Vendor: County of San Diego

b. Estimated Procurement Amount:

3. Is the requirement on GSA Schedule? Yes No

If yes, provide schedule number:

Justification:

1. The justification for this non-competitive action is:

In accordance with FAR 13.106-1(b)(1), “only one source [is] reasonably available” which states that, “For purchases not exceeding the simplified acquisition threshold. (i) Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization). (ii) Where a single source is identified to provide a portion of a purchase because that portion of the purchase specifies a particular brand-name item, the documentation in paragraph (b)(1)(i) of this section only applies to the portion of the purchase requiring brand-name item. The documentation should state it is covering only the portion of the acquisition which is brand- name.”

Urgency Exclusive licensing agreements/Proprietary data Brand name required Industrial mobilization Other (e.g., compatibility, space issues, continuity, compatibility, etc.)

In accordance with FAR 8.405-6 “Limiting Sources” which states that, “the only circumstances that may justify the action are – (A) An urgent and compelling need exists, and following the procedures would result in unacceptable delays; (B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized; or (C) In the interest of economy and efficiency, the new work is a logical follow-up to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original BPA must not have been previously issued under sole-source or limited-sources procedures.”

Urgency Only One Source Logical Follow Up Brand name required

2. Other facts supporting sole source procurement:

a. What can this product/service do that other products/services cannot do?

San Diego County is the only known source that can provide a federally-owned space that allows for continuous in-person collaboration between CDC/DGMH/SBHMB/USMU and the County of San Diego’s Public Health Department. The in-person collaboration is vital to the success of the CDC’s mission.

These services are necessary to comply with President Trump’s Presidential Memorandum (PM) dated January 20, 2025, titled “Return to In-Person Work”, the Office of Personnel Management (OPM)’s January 27, 2025, guidance titled “Agency Return to Office Implementation Plan,” and the Department of Health and Human Services (HHS) Instruction 990-1 titled "Workplace flexibilities".

b. What other products/services were considered and why did they not meet the need?

Other federally-owned spaces were considered. The contracting office posted a Notice of Intent to Sole Source to the Government Point of Entry from 3/19/2025 –

4/4/2025. As a result, it is determined that competition amongst the open market is not appropriate.

3. Program Office efforts to seek potential offerors:

The program office considered other federally-owned spaces, but none were capable of providing an environment that allows for the continuous in-person collaboration mentioned above.

D. Program Office Certification:

I have reviewed this sole source justification and certify the justification is true and accurate to the best of my knowledge and adequate to support other than full and open competition.

Center/Institute/Office COR/Program Official Name/Title:

E. Contracting Office Certification:

I have fully relied on the information provided herein and hereby certify that this justification is accurate and complete to the best of my knowledge and belief:

Contracting Officer Name: H. Dale Bish

Contracting Officer Signature:

Howard D. Bish -S Digitally signed by Howard D. Bish -S Date: 2025.04.21 15:04:24 -04'00'